It is hereby declared to be the policy of Falls Township
to prevent excessive or noxious odors in Falls Township. It is further declared
that the provisions and prohibitions herein enacted are enacted for the purpose
of preserving and protecting the public health, welfare, comfort and prosperity
of Falls Township and its inhabitants.

This chapter shall be liberally construed so as to effectuate
the purposes described herein. Nothing herein contained shall be construed
to abridge the emergency powers of any Township department or the right of
such department to engage in any necessary or proper activities. Nothing contained
herein shall abridge the powers and responsibility of Falls Township Police
Department or any other law enforcement agency to enforce the provisions of
this chapter. Accordingly, activities and functions of the Township are exempt
from enforcement under this chapter.

No person shall cause or allow emissions of air contaminants
or noxious odors to the outdoor atmosphere that are injurious to human, plant
or animal life or to property or that unreasonably interfere with the comfortable
enjoyment of life or property (for purposes of this chapter, a "prohibited
odor").

In addition to the general prohibition set forth in Subsection A above, the following shall be prohibited conduct in violation of this chapter, but the listing herein shall not be deemed to be exclusive:

The discharge into the ambient air of any exhaust fan
from any restaurant, bakery, delicatessen or hotel, as such terms are defined
by Township ordinance, which commences business operations after the date
hereof or for which any building permit or other Township approval is sought
after the date hereof, that has not been filtered or scrubbed before discharge
using equipment approved by Falls Township's Building Inspector.

In the event that there is one or more emissions of prohibited
odor, and two or more complaints are received concerning discharges of one
or more air contaminants or noxious odors from a property or business, the
Township Manager or his designee shall commence an investigation of the complaints.

If such investigation determines that a violation of
this chapter has occurred or is occurring, the person or entity responsible
for such emission and the owner of the property in question shall be advised
of the fact that such odor is unreasonable and in violation of this chapter
by a police officer, the Township Building Inspector or the Township Manager
or his designee. Such responsible person and/or owner shall forthwith take
measures reasonably designed to ensure that the violation does not recur.

At any time after Falls Township issues such a warning
under this chapter hereof, the Township Manager or his designee may conduct
a further investigation upon receipt of any additional complaints, and if
after such investigation he determines such party has continued or repeated
such conduct or similar conduct creating prohibited odors, the person or entity
causing such odor or air contaminant and the owner of the property from which
such prohibited odor was released shall be in violation of this chapter and
shall be subject to punishment as provided in this chapter.

Any such warning under this chapter hereof shall be in
writing, directed to the person or entity believed to be creating such noxious
odor and the owner of the premises if different, and shall be sent by first-class
mail.

Falls Township Manager shall cause a complaint form to be prepared for
the receipt of complaints of violations of this chapter, and shall keep copies
of such complaint form in his offices and make the same available during normal
business hours for the use of persons wishing to make complaints under this
chapter.

Any person, firm or corporation who violates or permits a violation
of this chapter shall be guilty of a summary violation and, upon conviction,
shall be sentenced to pay a fine of not more than $1,000, plus all court costs,
including reasonable attorney's fees, incurred by Falls Township in the enforcement
of this chapter. Each day a violation exists shall constitute a separate offense.
In default of the payment of any fine, the defendant shall be sentenced to
imprisonment to the extent allowed by law for the punishment of summary offenses.
Further, the appropriate officers or agents of Falls Township are hereby authorized
to file a citation for such summary violations and seek any other available
relief at law or equity, including injunction, to enforce compliance with
this chapter.